PAGE LAST UPDATED: September 18, 2020

Eviction Moratorium Update

Residential Tenants and Landlords

On August 31, 2020, the State of California legislature enacted, and the Governor signed, Assembly Bill No. 3088 that provides state-wide eviction and foreclosure protections for many residential tenants and property owners suffering from economic hardship due to COVID-19. The state law (COVID-19 Tenant Relief Act of 2020), which went into effect immediately, places specific limits on local ordinances. The residential tenant protections of the County’s eviction moratorium are deemed to have expired on August 31, 2020, and replaced by the state law protections. More information about protections for residential tenants suffering from economic hardship due to COVID-19 and how residential tenants can receive the protections of the state law are available via FAQ's from the California Department of Real Estate. Additional information for tenants, landlords and homeowners are available at DRE.Ca.Gov. 

While the COVID-19 Tenant Relief Act of 2020 does not cover commercial tenants, the County's Eviction Moratorium has been extended through September 30 for eligible small business tenants. Details are provide further down this webpage.

Under the CPOVID-19 Tenant Relief Act, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 – August 31, 2020, if the tenant provides a declaration of hardship according to the legislation’s timelines. For a COVID-19 related hardship that accrues between September 1, 2020 – January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction.

Tenants are still responsible for paying unpaid amounts to landlords, but those unpaid amounts cannot be the basis for an eviction. Landlords may begin to recover this debt on March 1, 2021, and small claims court jurisdiction is temporarily expanded to allow landlords to recover these amounts. Landlords who do not follow the court evictions process will face increased penalties under the Act.

The Act also extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords; provides new accountability and transparency provisions to protect small landlord borrowers who request CARES-compliant forbearance; and provides the borrower who is harmed by a material violation with a cause of action.

Additional legal and financial protections for tenants include:

• Extending the notice period for nonpayment of rent from 3 to 15 days to provide tenant additional time to respond to landlord’s notice to pay rent or quit.
• Requiring landlords to provide hardship declaration forms in a different language if rental agreement was negotiated in a different language.
• Providing tenants a backstop if they have a good reason for failing to return the hardship declaration within 15 days.
• Requiring landlords to provide tenants a notice detailing their rights under the Act.
• Limiting public disclosure of eviction cases involving nonpayment of rent between March 4, 2020 – January 31, 2021.
• Protecting tenants against being evicted for “just cause” if the landlord is shown to be really evicting the tenant for COVID-19-related nonpayment of rent.

More information about the state law is available from the Governor's Office.

Federal Protections for Residential Tenants

The Centers for Disease Control and Prevention (CDC) has also issued an agency order temporarily halting residential evictions through December 31, 2020. More information on federal protections for residential tenants are available from the CDC.

Other Resources

• California Apartment Association
• Law Foundation of Silicon Valley
• Project Sentinel

Small Business Tenants and Landlords

For small business tenants who qualify for protection under the County’s ordinance, the County's eviction moratorium has been extended through September 30, 2020. Small business tenants have up to six months after the moratorium expires or terminates to repay at least 50% of the past-due rent, and up to 12 months after the moratorium expires or terminates to repay in full the past-due rent. Civil fines and penalties, monetary damages and injunctive relief may be imposed on landlords who seek to retaliate or deny small business tenants of their rights and protections under the ordinance. Updated information will be posted on the Office of Supportive Housing's Eviction Moratorium web page. 

County Moratorium Resources

Forms, frequently asked questions and resources for tenants and landlords regarding the eviction moratorium are available from the County of Santa Clara and include:

• County Eviction Moratorium Web Page
• Ordinances NS-9.288 and NS-9.289
  
• Frequently Asked Questions
• Reason for Termination of Tenancy - Small Business Tenants' Rights
• Notice to Landlord of Eviction Protection
• Legal Resources for Tenants and Landlords and Small Business Tenants

Information for Landlords

Per the County’s moratorium, a landlord who initiates an eviction for non-payment of rent or a no-fault cause during the moratorium, must:

• Provide tenants with the Reason for Termination of Tenancy or Eviction and Notice of Tenants’ Rights stating the reason for the eviction and notice of the tenants’ rights when serving the notice of termination; and
• Provide resources for rental assistance programs

Landlords still have a right to collect rent if the small business tenant qualifies for protection under the moratorium. However, the protected small business tenant has 6 months after the moratorium ends to repay at least 50% of the past-due rent and 12 months after the moratorium ends to repay in full the past-due rent. Late fees cannot be charged. This moratorium does not apply to otherwise lawful or at-fault evictions for reasons other than nonpayment of rent due to a substantial loss and/or out-of-pocket medical expense as a result of COVID-19.

Before initiating any repayment plan with a small business tenant protected under this moratorium, landlords must first inform the small business tenant of these repayment protections.  The County ordinance prohibits negotiations between a landlord and small business tenant that result in the tenant’s waiver of its rights under the ordinance. Landlords may risk being subject to civil fines and penalties, monetary damages and injunctive relief if landlords do not comply with the moratorium.

Information for Small Business Tenants

Per the County’s moratorium, a small business tenant can provide the Notice to Landlord of Eviction Protection with documentation of substantial income loss and/or substantial out-of-pocket medical expenses caused by COVID-19 as soon as possible.

Examples of substantial loss of income due to COVID-19 include:

• Temporary closure of or reduced operational hours
• Substantial decrease in business income

Examples of documentation tenants can provide include:

• Bank statements or financial documents showing your business' financial situation before and during the COVID-19 pandemic

Landlords must provide tenants with the Reason for Termination of Tenancy or Eviction explaining why they are being evicted, and what their rights are, as well as assistance programs if landlords try to evict tenants.